Q and A: Northern Gateway pipeline project

The federal government on Tuesday accepted a joint federal review panel’s recommendation to approve Enbridge’s Northern Gateway pipeline project, designed to move oilsands products to the B.C. coast, but with 209 conditions on the project ranging from wildlife monitoring to spill response.

Here are some questions and answers about the project.

What’s next?

Natural Resources Minister Greg Rickford’s statement said Enbridge will now have to show the National Energy Board how it will meet the 209 conditions. It will need to apply for regulatory permits and authorizations from the federal government and the Alberta and the B.C. governments. Consultations with aboriginal communities are also required.

Will it get built?

“The joint review panel gave us 209 conditions that are attached to the project that we have to meet, and of those 209 conditions, 113 of them must be met before construction can begin,” says Ivan Giesbrecht, communications manager for the pipeline project.

“A positive decision from the federal government is just one step in a very long process that we are nowhere near the end of. And so I think that’s where we’re focused on right now — the work ahead of us that needs to happen in the next 12 to 18 months.”

What about the applications for judicial review of the panel’s recommendation. Could they hold up construction?

Five groups — the Haisla, Gitxaala and Gitga’at First Nations, the Federation of B.C. Naturalists, and a coalition made up of ForestEthics Advocacy, Living Oceans Society and the Raincoast Conservation Association — have applied for judicial reviews of the panel’s recommendation to approve Northern Gateway.

On May 29, the Federal Court of Appeal granted a temporary stay on the five related applications. It is to remain in effect until 30 days after a decision on Northern Gateway has been made by the government, or until 30 days after the court has dealt with any appeals or applications arising from the decision, whichever is later.

Post-decision legal challenges are likely, said Karen Campbell, a staff lawyer with Ecojustice who is representing ForestEthics, Living Oceans and Raincoast Conservation in their challenge.

“I think there’s a real likelihood that some element of this entire Enbridge-Northern Gateway case is going to end up in the Supreme Court of Canada.”

What about other opposition?

If anything, it’s growing. In a non-binding plebiscite in April, Kitimat residents rejected the joint review panel’s recommendations. Of the 3,071 people who cast ballots, 58.4 per cent voted against the project.

On Monday, a coalition of First Nations, environmental groups and other organizations launched an effort to defeat Northern Gateway regardless of any federal cabinet approval. The groups, led by the Dogwood Initiative, hope to force a provincewide referendum that could stop B.C. from issuing permits for the pipeline. They need to collect 320,000 signatures.

What about the conditions Premier Christy Clark has imposed on behalf of B. C.?

Clark said in 2012 her government won’t back Northern Gateway unless five conditions are met. They include: a recommendation from the joint review panel that the project proceed; world-leading response, prevention and recovery systems for marine spills; equivalent plans for land spills; providing First Nations the opportunities and information they need to take part in the project; and giving B.C. a “fair share” of the project’s fiscal and economic benefits. None of the proposals put forward have Clark’s approval yet, she has said.

How many jobs would be created, for how long; and what kinds of jobs are they?

Northern Gateway says it expects to create 62,700 person-years of construction employment throughout Canada over the three-year construction period. The peak workforce would be 3,000 during construction. The pipeline is also expected to create 1,150 direct and indirect long-term jobs.

Who would pay to clean up spills?

Condition No. 187 imposed by the joint review panel says Northern Gateway must file a financial assurances plan with the National Energy Board. The plan would detail how it would cover costs of cleanup, remediation and other damages from accidents, malfunctions and failures, including potentially catastrophic oil spills.

Total required coverage is $950 million — $100 million that can be accessed within 10 business days of a large spill, at least $600 million in liability insurance and another $250 million to make up for any coverage shortfalls.